Low, Ball & Lynch’s

WEEKLY LAW RESUME

April 21, 2005  Issue      By: Ray Coates

Civil Procedure - Statute of Limitations - Two-Year Statute

Bertha Andonagui v. The May Department Stores Company

Court of Appeal, Second District

(April 13, 2026)

When the California Legislature enacted the new two-year statute of limitations for personal injury actions, questions arose as to its application to claims that were in existence, but were not yet time-barred under the one-year statute.  This case determined whether the one-year or two-year statute applied to such claims.

On December 15, 2002, Bertha Andonagui fell on a metal rack that had been left on the floor at a Robinson-May store.  She filed a personal injury action on April 6, 2004.  Robinson-May demurred to the complaint contending the action was barred by the one-year statute of limitations for personal injuries contained in former C.C.P. section 340(3).  Andonagui argued that the two-year statute of limitations contained in the new C.C.P. section 335.1 applied.  This statute went into effect on January 1, 2003.

The trial court sustained the demurrer without leave to amend and dismissed the action, finding that the action should have been filed within one year.  Andonagui appealed.

The Court of Appeal reversed.  The issue was whether the one- or two-year statute applied to this case.  The general rule is that a new statute does not operate retroactively unless the Legislature plainly states so in the statute.  Retroactive application occurs when a statute revives an already barred claim.  However, a new statute that enlarges a statutory limitation period does not act retroactively if it expands the time for actions to be filed that are not already time-barred.  Until the statute of limitations has run, it may be extended.  This is not a retroactive application of the statute of limitations.

In this case, when plaintiff sustained her injuries on December 15, 2002, the one-year statute of limitations applied.  On January 1, 2003, the statute of limitations was extended to two years.  Her action for personal injuries was not time-barred at the time the two-year statute of limitations became effective.  Plaintiff thus gained the benefit of the new two-year statute when she filed her action.

The Court did note that there was a retroactive application of the statute to September 11, 2001, victims of terrorist attacks.  This specific language in the statute revived those claims and was a retroactive application.  However, application of the statute to claims that were not time-barred did not involve retroactive application of the statute.  The Court rejected a U.S. district court decision that held otherwise, finding it not persuasive authority.  The Court held the trial court erred in sustaining the demurrer.

The judgment was reversed.

COMMENT

This opinion follows well-established California rules on the application of a limitation statute to existing claims at the time the statute goes into effect.  Therefore, further appellate review is unlikely.

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